State Emergency in India
A State Emergency is a provision in the Indian Constitution that allows the President of India to take over the administration of a state or a union territory. It can be implemented when there is a failure of constitutional machinery or non-compliance with the directions of the Centre.
This means that the state government is suspended, and the President, through the Governor, exercises the executive power of the state. The Parliament now also has the legislative power of the state. It can make laws on any subject that falls under the state list.
A State Emergency can be declared by the President of India due to different situations that can arise within a state.
- The first reason for a state emergency is the “failure of constitutional machinery” or “breakdown of law and order.” If the president receives a report from the governor of a state that the government is not working according to the constitution, he could impose a state emergency.
- If the President is satisfied that a state has failed to follow any directions given by the Centre on the matters it can, a state emergency can be declared.
- State Emergency can be imposed for a maximum period of six months at a time. It can be extended for another six months with the approval of both Houses of Parliament by a simple majority vote. But a national emergency needs to be imposed if it’s extended more than three years; otherwise, it could be imposed max for three years, or the Election Commission could certify that it is not possible to hold elections in the state.
- Also, state emergency can be revoked by the president or by either house of parliament. It can be challenged at the Supreme Court on the grounds of irrelevance.
- State Emergency has been imposed 124 times in India since 1950, mostly for political reasons and often misused by the Centre to dismiss or undermine opposition-ruled states.
- The Supreme Court, in its landmark judgment in S.R. Bommai vs Union of India (1994), gave certain guidelines and safeguards to prevent the arbitrary and frequent use of Article 356. It also held that the President’s satisfaction is not beyond judicial review and that the state assembly cannot be dissolved until it is approved by the Parliament.
Effect of State Emergency on people of India
Following are the effects of a state emergency on the people of India.
- This can lead to disruptions in governance, which could affect the delivery of public services and local infrastructure.
- State emergencies are imposed due to protests, political tensions, and uncertainty.
- Economic activities in the affected state may suffer, leading to economic hardship for the citizens of that state.
Emergency in India, Reason, History and Types
The emergency in India was one of the most controversial periods in its history. It was Indira Gandhi’s decision to impose an Indian Emergency, which was agreed upon by the President of India, the Cabinet, and the Parliament from July to August 1975.
A state of Emergency refers to a special situation where the President of India can change the normal functioning of government during some crisis situations. Every country can have some situation when the normal rules cannot handle the country.
In this article, we go through the states of emergency in India, the process of emergency declaration, emergency in the Indian constitution, the history of national emergency in India, and their effects on the people in detail.
Emergency in India
Table of Content
- Emergency in India
- National Emergency in India
- Emergency in Indian Constitution
- Three Types of Emergency in India
- 1. National Emergency in India
- 2. State Emergency in India
- 3. Financial Emergency in India
- Emergency Declared in India
- First Emergency in India (1962 to 1968)
- National Emergency in India 1971
- National Emergency in India 1975